Authors
Timothy R Holbrook
Publication date
2015
Journal
Notre Dame L. Rev.
Volume
91
Pages
1007
Description
The Supreme Court over the last decade or so has reengaged with patent law. While much attention has been paid to the Court's reworking of what constitutes patent-eligible subject matter and enhancing tools to combat" patent trolls," what many have missed is the Court's reworking of the contours of active inducement of patent infringement under 35 USC § 271 (b). The Court has taken the same number of § 271 (b) cases as subject matter eligibility cases-four. Yet this reworking has not garnered much attention in the literature. This Article offers the first comprehensive assessment of the Court's efforts to define active inducement. In so doing, it identifies the surprising significance of the Court's most recent case, Commil USA, LLC v. Cisco Systems, Inc., where the Court held that a good faith belief on the part of the accused inducer that the relevant patent is invalid cannot negate the mental state required for …
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